Debts owed

Hello,

Without going into details, Person A is owed €1,000 from Person B.

They shared a house before, and Person A moved out, as the two of them were incompatible to live with. Person A left their deposit there as Person B didn't have the money to give them Person's A deposit back.

This was a year ago, and despite Person B moving someone else in, Person A has yet to receive the deposit back. Person A had sent them emails throughout the year, to no avail.

I thought this might be suitable for small claims, but I just read that small claims is only for consumer -> business.

What would be the next step, which wouldn't cost a fortune?

Ken.

A solicitors letter from person A to person B saying you'll bring them to court if they don't pony up the cash. Might scare them into making good. After that its court and might not be worth the hassle for a (relatively) low sum.

partyguinness

I would draft district court proceedings. Simple enough if you get the local court office to help you. I dont think 1000E is low enough to write off.

partyguinness

partyguinness wrote: »

I would draft district court proceedings. Simple enough if you get the local court office to help you. I dont think 1000E is low enough to write off.

I was thinking that, but I thought it was there for claims that only involve a business, not two independent people. Can someone clarify this?

Claw Hammer

Deleted User wrote: »

I was thinking that, but I thought it was there for claims that only involve a business, not two independent people. Can someone clarify this?

You are confusing the District Court with the Small Claims division of the court.
Any two individuals can have a dispute tried in the District Court.

partyguinness

Deleted User wrote: »

I was thinking that, but I thought it was there for claims that only involve a business, not two independent people. Can someone clarify this?

No not at all. It is a civil matter and you are more than entitled to bring district court proceedings against your ex housemate.

I would recommend you speak to a solicitor first. There costs would be on a scale fee recoverable from the defenedant provided you won. Getting the money off the defendant may be another matter though.

endacl

partyguinness wrote: »

No not at all. It is a civil matter and you are more than entitled to bring district court proceedings against your ex housemate.

I would recommend you speak to a solicitor first. There costs would be on a scale fee recoverable from the respondant provided you won. Getting the money off the respondant may be another matter though.

FYP

partyguinness

endacl wrote: »

FYP

Why?

There was no need to alter my post as there is nothing wrong with it.

The appropriate Civil Summons in this case is for 'Civil Summons for a Debt or Liquidated Money Demand'. The correct parties are Plaintiff-Defendant. Not Claimant/Respondent.

Don't believe me. Check the District Court Rule 1997, Order 39.r 2 (http://www.irishstatutebook.ie/1997/en/si/0093.html)

FYI- it's 'respondent'

Typical Boards...always a poster who thinks they know better...:rolleyes:

Peregrinus

Deleted User wrote: »

Hello,

Without going into details, Person A is owed €1,000 from Person B.

They shared a house before, and Person A moved out, as the two of them were incompatible to live with. Person A left their deposit there as Person B didn't have the money to give them Person's A deposit back.

This was a year ago, and despite Person B moving someone else in, Person A has yet to receive the deposit back. Person A had sent them emails throughout the year, to no avail.

I thought this might be suitable for small claims, but I just read that small claims is only for consumer -> business.

What would be the next step, which wouldn't cost a fortune?

The next step, actually, is that you give us a bit more detail.

Is person B the landlord, or a co-tenant? Does person B own the house, or is the house rented from Person C? And, if the house is rented, whose name is on the least as tenant? Person B only? Both person B and person A? Someone else? Indeed, is there a lease document at all?

To whom did person A actually pay the deposit? Did person A get a receipt? Who signed the receipt?

In general, if you pay a deposit to occupy rented premises, that's a matter between you and the landlord. It's not a co-tenant's responsibility to get your deposit back for you. There may be special facts here that explain why you think person A has some responsiblity here, but you need to tell us what they are.

Claw Hammer

partyguinness wrote: »

Why?

There was no need to alter my post as there is nothing wrong with it.

The appropriate Civil Summons in this case is for 'Civil Summons for a Debt or Liquidated Money Demand'. The correct parties are Plaintiff-Defendant. Not Claimant/Respondent.

Don't believe me. Check the District Court Rule 1997, Order 39.r 2 (http://www.irishstatutebook.ie/1997/en/si/0093.html)

FYI- it's 'respondent'

Typical Boards...always a poster who thinks they know better...:rolleyes:

I know.
You should look at Statutory Instrument No. 17 of of 2014
which amends the 1997 rules
http://www.courts.ie/rules.nsf/lookuppagelink/598B858FE2A4C97680257C900038A751?opendocument&l=en

You will note the the correct terms are Claimant and Respondent.
Typical Boards...always a poster who thinks they know better...:rolleyes:

the_syco

Deleted User wrote: »

They shared a house before, and Person A moved out, as the two of them were incompatible to live with. Person A left their deposit there as Person B didn't have the money to give them Person's A deposit back.

Was Person A a licensee and Person B a landlord?

Or were Person A and B tenants, who rented the house together, but Person A moved out, and Person B got a new tenant in. Now, here's the important part; how long after Person A leaving did Person B get the new tenant in, and also how is the rent each per month? As Person A left without getting a replacement tenant, I wonder if they lost their deposit?

the_syco

the_syco wrote: »

Was Person A a licensee and Person B a landlord?

Or were Person A and B tenants, who rented the house together, but Person A moved out, and Person B got a new tenant in. Now, here's the important part; how long after Person A leaving did Person B get the new tenant in, and also how is the rent each per month? As Person A left without getting a replacement tenant, I wonder if they lost their deposit?

Person A and B were both on the lease.

Person A told the landlady the problems with Person B. The landlady accepted the fact that person A had to move out and said the onus wasn't on Person A to find a new tenant as Person B was adamant they wanted to find someone to move in, and the deposit would be paid back to Person A once a new tenant moved in. Unfortunately the above was all verbal.

I don't know how long it took to find a new tenant.

partyguinness

Claw Hammer wrote: »

I know.
You should look at Statutory Instrument No. 17 of of 2014
which amends the 1997 rules
http://www.courts.ie/rules.nsf/lookuppagelink/598B858FE2A4C97680257C900038A751?opendocument&l=en

You will note the the correct terms are Claimant and Respondent.
Typical Boards...always a poster who thinks they know better...:rolleyes:

Ouch....:o

Seriously OP, just speak to a local solicitor about getting proceedings drafted and initial cost etc.

He may not even defend it and you will have your judgment. If he defends, it will muddy the water significantly.

Peregrinus

Deleted User wrote: »

Person A and B were both on the lease.

Person A told the landlady the problems with Person B. The landlady accepted the fact that person A had to move out and said the onus wasn't on Person A to find a new tenant as Person B was adamant they wanted to find someone to move in, and the deposit would be paid back to Person A once a new tenant moved in. Unfortunately the above was all verbal.

If it was the landlady who promised that the deposit would be repaid and (presumably) the landlady who received the deposit in the first place, why is Person A emailing Person B about it, as the OP says? I don't see that Person B should be in the loop at all. Is this not a dispute between the landlady and Person A?

partyguinness

I take it the understanding was that the Landlady would return your share of the deposit when a new tenant was found with the new tenant's deposit effectively replacing yours?

So this was an understanding with the Landlady as opposed to Person B? If that is the case, then your beef is with the Landlady for the return of your deposist as poster above states.

But there is a question of joint and several liability with person b, in that the Landlady may argue that while he is still there she is not obliged to return the deposit (on the basis that you took the tenancy together).

the_syco

Deleted User wrote: »

the deposit would be paid back to Person A once a new tenant moved in.

Who agreed the above? The landlady, or the other person?